Legislative Action and Laws: On Feb. 10, 1893, a bill was passed in the Lower House declaring the right of female citizens to vote at elections and hold offices relating to public schools and public education. It was not acted upon by the Senate. In 1895 this bill was defeated.
In 1899 a bill was introduced by Representative McIntosh of San Juan County (near the Colorado line), on request of his constituents, for the extension of School Suffrage to women. This received the favorable votes of one-third of the Lower House, but did not reach the Senate.
A law was passed April 2, 1884, defining the rights of the married woman. It secured to her the control of property owned by her at the time of marriage and of wages earned afterward, made her not liable for her husband's debts and gave her the same power to make contracts, wills, etc., as was possessed by him. The law at present is as follows:
Curtesy still obtains. One-half of the community property goes to the wife whether the husband dies testate or intestate. In addition to this she is entitled to one-fourth of the rest of his estate, "provided this deduction shall only be made when said property amounts to $5,000, and the heirs be not descendants; although it may exceed this sum in the absence of the latter. Also from the property of the wife the fourth shall be deducted as the marital right of the husband, and upon the same conditions, should the husband without this aid remain poor." If there are no legitimate children surviving, the widow or widower shall be heir to all the acquired property of the marriage community.
By act of 1897, a mortgage not executed by the wife shall in no wise affect the homestead rights of the wife or family.
By act of 1899: "The signature or consent of the wife shall not be necessary or requisite in any conveyance, incumbrance or alienation of real property owned by the husband, whether such property became his before or during coverture; but the right to make such conveyance or create such incumbrance shall exist in the husband to the same extent as though he were unmarried."[375]
The father is the legal guardian of the minor children.
The husband is not required by law to support the family.
In 1887 the "age of protection" for girls was raised from 10 to 14 years, with penalty of imprisonment not less than five nor more than twenty years.
Suffrage: Women have no form of suffrage.